[Federal Register Volume 84, Number 136 (Tuesday, July 16, 2019)]
[Notices]
[Page 33965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15011]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 337-TA-1150]


Certain Data Transmission Devices, Components Thereof, Associated 
Software, and Products Containing the Same; Commission Determination 
Not To Review an Initial Determination To Terminate the Investigation 
With Respect to All Name Respondents Based on Withdrawal of the 
Complaint; and Termination of the Investigation

AGENCY: U.S. International Trade Commission.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the U.S. International Trade 
Commission (the ``Commission'') has determined not to review an initial 
determination (``ID'') (Order No. 8) to terminate the investigation 
with respect to all named respondents based on the withdrawal of the 
complaint. The investigation is terminated.

FOR FURTHER INFORMATION CONTACT: Carl P. Bretscher, Office of the 
General Counsel, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436, telephone (202) 205-2382. Copies of non-
confidential documents filed in connection with this investigation are 
or will be available for inspection during official business hours 
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. 
International Trade Commission, 500 E Street SW, Washington, DC 20436, 
telephone (202) 205-2000. General information concerning the Commission 
may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for this investigation may be viewed 
on the Commission's Electronic Docket Information System (``EDIS'') 
(https://edis.usitc.gov). Hearing-impaired persons are advised that 
information on this matter can be obtained by contacting the 
Commission's TDD terminal, telephone (202) 205-1810.

SUPPLEMENTARY INFORMATION: On April 5, 2019, the Commission instituted 
the present investigation based on a complaint filed by Data Scape Ltd. 
of Sandyford, Ireland, and C-Scape Consulting Corp. of Rockville 
Centre, New York (collectively, ``Complainants''). 84 FR 13717 (April 
5, 2019). The complaint alleges violations of 19 U.S.C. 1337, as 
amended (``Section 337''), in the importation, sale for importation, 
and sale in the United States after importation of certain data 
transmission devices, components thereof, associated software, and 
products containing the same that allegedly infringe one or more of the 
asserted claims of U.S. Patent Nos. 7,720,929; 7,617,537; and 
8,386,581. Id. The notice of investigation named the following 
respondents: Verizon Communications, Inc. (``VCI'') of New York, New 
York; Cellco Partnership d/b/a Verizon Wireless of Basking Ridge, New 
Jersey (``Verizon Wireless''); Apple Inc. of Cupertino, California; 
Amazon.com, Inc. of Seattle, Washington; and Amazon Digital Services, 
LLC of Seattle, Washington (collectively, ``Respondents''). The Office 
of Unfair Import Investigations (``OUII'') was also named as a party. 
Id.
    The Commission previously terminated the investigation with respect 
to VCI. Order No. 6 (May 16, 2019), not reviewed, Comm'n Op. (June 16, 
2019).
    On May 29, 2019, Complainants filed an unopposed motion to withdraw 
the complaint and terminate the investigation as to all named 
respondents. Complainants also moved to stay the investigation's 
procedural schedule pending the outcome of the motion. On May 31, 2019, 
Respondents filed a response supporting the motion because the U.S. 
District Court for the Central District of California recently held 
that each of the patents at issue is invalid under 35 U.S.C. 101 for 
failure to claim patentable subject matter. On June 6, 2019, OUII also 
filed a response in support of the motion.
    On May 30, 2019, the presiding administrative law judge (``ALJ'') 
issued Order No. 7, granting the request to stay the procedural 
schedule. On June 13, 2019, the ALJ issued the subject ID (Order No. 8) 
granting the motion to terminate the investigation. No party filed a 
petition to review the subject ID.
    The Commission has determined not to review the subject ID. This 
investigation is terminated.
    The authority for the Commission's determination is contained in 
Section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and 
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR 
part 210).

    By order of the Commission.

    Issued: July 10, 2019.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2019-15011 Filed 7-15-19; 8:45 am]
BILLING CODE 7020-02-P